Fungal Meningitis Update

Tuesday, October 16th, 2012

The Virginia law firm of Gentry Locke Rakes & Moore, LLP has been retained to represent individuals who received tainted epidural cortisone injections (Methylprednisolone acetate) that have resulted in a rare fungal meningitis.

Steroid injections sourced from New England Compounding Center (NECC) — the apparent source of the tainted injections — appear to have been administered to hundreds of people in Virginia, in addition to other states across the nation.

An October 16th, 2012 FDA statement now reports that other injectables that were compounded at the NECC Massachusetts facility are suspected of being tainted as well; one for heart transplant patients, and a second epidural steroid (Triamcinolone acetonide). According to the FDA, NECC announced a recall of all its products on October 6, 2012.

• Read the Washington Post report
• Read a report on WJLA.com
• Read the statement on the FDA website

Here are some things Gentry Locke attorneys have learned:

1. There are two known clinics where the contaminated shots were given in Virginia: Insight Imaging (Roanoke) and New River Valley Surgical Center (Christiansburg).
2. Symptoms associated with fungal meningitis are expected to occur within 1 week to 4 weeks following an injection.
3. Initial symptoms may be substantially less severe than traditional meningitis (e.g., some have headache, but no fever or neck stiffness). Anyone who has received an epidural cortisone injection from either of the two facilities within the past month should be very sensitive to any of these symptoms and seek medical attention immediately if they are detected.
4. Unlike most forms of meningitis, the reported cases involve a fungal infection. This may change the course of treatment from traditional antibiotics to antifungal agents. Therefore, while some patients may have been diagnosed with meningitis and received “treatment,” unless the source of the infection is known to be fungal, it is possible that they will not have received the correct treatment.

Please feel free to contact Scott Sexton (Sexton@gentrylocke.com) or Matt Broughton (Broughton@gentrylocke.com) if you have any questions regarding these cases.

Alert: Employers Take Note: Employee Voting Rights in Virginia

Monday, October 15th, 2012

As Election Day approaches, it is important that employers understand their responsibilities under the law. In Virginia, there is no general statute that requires employers to give employees time off to vote. However, as in any situation, employers should take a reasonable approach; if an employee may not have an opportunity to vote otherwise, particularly if his/her work hours fully encompass polling hours, an employer should strongly consider allowing the employee time off to vote.

If an employee has been officially appointed as an officer of the election by the local board of elections, then this employee has several statutory rights under Virginia law. Employers must allow an employee serving as an officer of election time off to discharge his/her duties in that role, and may not force the employee to use his/her vacation or sick leave, provided that the employee has given reasonable notice. When an employee serves as an officer of election for four or more hours, the employer may not force the employee to start work after 5:00 p.m. on that same day or before 3:00 a.m. the following morning.

Employers with operations outside the state of Virginia need to evaluate and consider the laws of all states in which they have employees. Please contact Gentry Locke’s Employment Law attorneys if you have questions regarding this issue or other matters involving employee relations.

Please note: This page is provided for general informational purposes only and is a marketing publication of Gentry Locke Rakes & Moore, LLP. It is intended to alert visitors to developments in the law and is does not constitute legal advice or a legal opinion on any specific facts or circumstances. You are urged to consult your own lawyer concerning your situation and specific legal questions you may have.

Gentry Locke Attorney Margaret “Megan” Brown Recognized with Women of Achievement Award

Friday, October 12th, 2012

The Virginia law firm of Gentry Locke Rakes & Moore, LLP is pleased to announce Associate Margaret A. “Megan” Brown has been recognized with the 2012 DePaul Community Resources Women of Achievement Award in the category of Law. Brown accepted the award at a luncheon on Oct. 2 at the Sheraton Roanoke Hotel & Conference Center.

Brown, who focuses largely on medical malpractice matters, volunteers for Big Brothers Big Sisters of SW Virginia. She has also volunteered for several years for the Roanoke Bar Association’s Book Buddies Program, and is a pro bono volunteer for Blue Ridge Legal Services. Brown practices with Gentry Locke Rakes & Moore’s Plaintiffs practice group, and is also a Registered Nurse.

The Women of Achievement Awards, presented by DePaul Community Resources in 12 categories, recognize women of Lynchburg, the New River Valley and the Roanoke Valley who have made significant contributions to the community through career, leadership and volunteer activities.

2013 “Top Rated Lawyers” at Gentry Locke

Tuesday, October 9th, 2012

Seventeen attorneys at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP have been named “Top Lawyers” for 2013.

American Lawyer Media, a leading provider of news and information to the legal industry, has teamed with Martindale-Hubbell™ to highlight the following “Top Rated Lawyers” in the November issue of The American Lawyer:

• J. Rudy Austin: Litigation, Construction Law, Insurance Law
• Thomas J. Bondurant: Criminal Law
• Matthew W. Broughton: Litigation, Civil Law
• G. Franklin Flippin: Business & Commercial
• Diane J. Geller: Labor and Employment, Business & Commercial, Franchise Law
• W. William Gust: General Practice, Taxation, Trusts and Estates
• Gregory D. Habeeb: Commercial Litigation, General Practice, Products Liability
• Kevin W. Holt: Commercial Litigation
• Todd A. Leeson: Labor and Employment
• K. Brett Marston: Construction Law
• S. D. Roberts Moore: Litigation, Professional Liability, Medical Malpractice
• G. Michael Pace: Business & Commercial, Zoning, Planning and Land Use
• W. David Paxton: Labor and Employment, Commercial Litigation
• William R. Rakes: Commercial Litigation, Business & Commercial, Appellate Law
• Anthony M. Russell: Medical Malpractice, Personal Injury, Legal Malpractice Law
• Bruce C. Stockburger: Taxation, Business & Commercial, Health Care Law
• Charles L. Williams: Environmental

Three Gentry Locke Attorneys Named “2013 Roanoke Lawyer of the Year”

Monday, October 1st, 2012

Three attorneys at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP have been named “2013 Roanoke Lawyer of the Year” by Best Lawyers. Only a single lawyer in each practice area in each community is honored by Best Lawyers as “Lawyer of the Year”.

• K. Brett Marston: Best Lawyers Roanoke Lawyer of the Year for Construction Law (2013)
• G. Michael Pace, Jr.: Best Lawyers Roanoke Lawyer of the Year for Real Estate Law (2013) and Corporate Law (2013)
• William R. Rakes: Best Lawyers Roanoke Lawyer of the Year for Banking and Finance Law (2013)

Previous honorees and their year for receiving this honor include:

• Thomas J. Bondurant, Jr.: Best Lawyers Roanoke Lawyer of the Year for Criminal Defense/White Collar (2012)
• Matthew W. Broughton: Best Lawyers Roanoke Lawyer of the Year for Product Liability Litigation (2012)
• W. William Gust: Best Lawyers Roanoke Lawyer of the Year for Tax Law (2012)
• G. Franklin Flippin: Best Lawyers Roanoke Lawyer of the Year for Corporate Law (2011)

Three Gentry Locke Attorneys Receive Client Distinction Awards in 2012

Monday, October 1st, 2012

Gregory D. Habeeb, Anthony M. Russell, and Charles L. Williams, partners at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP, have received Client Distinction Awards from Martindale-Hubbell.

Clients who took the time to fill in a survey rated them exceptionally high in the following areas of service:

• Communications Ability
• Responsiveness
• Quality of Service
• Value for Money

Less than 4% of the 900,000+ attorneys listed on martindale.com and lawyers.com have been accorded this Martindale-Hubbell honor of distinction.

Super Lawyers Business Edition US Lists Thirteen Gentry Locke Attorneys

Tuesday, September 18th, 2012

Super Lawyers Business Edition has named thirteen Gentry Locke attorneys to its United States 2012 edition:

Alert: Workplace Investigations, New Issues Surrounding Confidentiality

Thursday, September 6th, 2012

Businesses routinely conduct investigations into workplace misconduct and other incidents. In most investigations, the individuals interviewed and the person who brought the complaint are directed not to discuss the investigation with others. Plenty of good reasons exist for this practice, which many HR professionals believe is a “best practice.” In two very recent actions, this practice has been attacked by the government and found to be unlawful. While no court has upheld this challenge to the standard confidentiality approach to workplace investigations, these recent actions suggest that employers should evaluate their current practices going forward.

On July 30, 2012, the National Labor Relations Board (“NLRB”) ruled that it was unlawful for an employer to have a policy that prohibits an employee who makes a workplace complaint from discussing the matter with co-workers while the employer investigates the matter. In a 2-1 decision, the NLRB held that a “blanket” rule requiring confidentiality in connection with internal investigations violates the right of employees to “engage in protected concerted activity” under Section 7 of the National Labor Relations Act (“NLRA”). The NLRB noted that a “generalized concern with protecting the integrity of its investigation” was too flimsy a basis to outweigh the employees’ rights under the NLRA. The argument that the policy was a “mere suggestion” did not hold up and was rejected because this policy had a reasonable tendency to coerce employees even though the policy contained no specific threat of discipline if the confidentiality was breached.

The NLRB ruling came in a case where an employee challenged a workplace directive received after the equipment he was using malfunctioned. When he refused his supervisor’s directive on the basis of health and safety concerns, the employee received “coaching” for insubordination. During the coaching by HR, the employee complained that he was being retaliated against for questioning unsafe work procedures. The HR manager reminded the employee of the company’s policy not to discuss the complaint with co-workers while it was being investigated.

Less than a week later, the Buffalo office of the Equal Employment Opportunity Commission (“EEOC”) issued a warning letter to an employer that its policy of prohibiting workers from discussing an ongoing internal investigation was unlawful. In this letter, which came from a field office, the EEOC said:

An employer who tries to stop an employee from talking with others about alleged discrimination is violating Title VII rights, and the violation is “flagrant,” not trivial

Gentry Locke Welcomes Four New Attorneys

Tuesday, September 4th, 2012

The Virginia law firm of Gentry Locke Rakes & Moore is pleased to announce the addition of the following four attorneys:

Les S. Bowers joined the Firm in September of 2012, and will practice with the Firm’s Personal Injury and Products Liability groups. Bowers received his undergraduate degree from the University of Virginia, McIntire School of Commerce in 2005 and his J.D. from the University of Virginia School of Law in 2008. He is licensed to practice law in both Virginia and North Carolina, and has been admitted to the U.S. Supreme Court Bar Association, Fourth Circuit Court of Appeals, and the Western District of Virginia.

Lauren S. Eells joined Gentry Locke in February of 2012 and will focus primarily on business, estate, and tax legal matters. A native of Roanoke, Virginia, Lauren worked with SunTrust Mortgage, Inc. in Richmond as a contract attorney before joining Gentry Locke. She received her undergraduate degree from Virginia Tech in 2007 and her J.D. from the University of Richmond School of Law in 2010. Lauren serves on the Board of Directors for the Conflict Resolution Center, and is a member of the Roanoke Bar, The Virginia Bar Association, Public Interest Law Association, and Virginia Women Attorneys Association.

Justin M. Lugar joined the Firm’s Litigation group in March of 2012, focusing primarily on representing individuals and corporations in connection with criminal and government investigations. Prior to joining Gentry Locke, Justin was an associate at WilmerHale in London, UK where he focused on criminal investigations and international arbitration. He received his undergraduate degree from the University of Virginia College of Arts and Sciences in 2004, and his J.D. from Liberty University School of Law in 2008. Justin is a member of the LCIA Young International Arbitration Group, ICDR Young & International Association, American Arbitration Association, and the International Center for Dispute Resolution.

John Reed Thomas, Jr. joined Gentry Locke in June of 2012 and will practice within the Firm’s Employment & Labor and Criminal & Government Investigations groups. John earned his J.D. from the University of Georgia School of Law and later graduated from the U.S. Naval Justice School. He has served as Defense Counsel for the U.S. Marine Corps, litigating more than 200 courts-martial and administrative separation proceedings. As a judge advocate, he litigated a variety of cases both as a defense counsel and prosecutor. As the Battalion Judge Advocate for 3d Battalion, 9th Marines during their deployment to Marjah, Afghanistan, John advised the commander on rules of engagement, operational law, fiscal law, and military justice matters.

Twenty-four Gentry Locke Attorneys Named “Best Lawyers”

Tuesday, September 4th, 2012

Twenty-four attorneys at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP have been named Best Lawyers for 2013. The attorneys, along with their dates of inclusion, are as follows:

• J. Rudy Austin – Personal Injury Litigation (1993-2013)
• Thomas J. Bondurant, Jr. – Corporate Compliance Law and Criminal Defense: White-Collar (2011-2013)
• Matthew W. Broughton – Personal Injury Litigation – Plaintiffs (2013) and Product Liability Litigation – Plaintiffs (2010-2013)
• David N. Cohan – Copyright Law (2011-2013) and Trademark Law (2011-2013)
• Lewis A. Conner – Corporate Compliance Law (2011-2013) and Corporate Governance Law (2011-2013)
• G. Franklin Flippin – Banking and Finance Law (1993-2013), Corporate Law (2006-2013), Financial Services Regulation Law (2011-2013) and Mergers & Acquisitions Law (2008-2013)
• W. William Gust – Employee Benefits (ERISA) Law (2006-2013) and Tax Law (2003-2013)
• Gregory J. Haley – Commercial Litigation (2008-2013), Eminent Domain and Condemnation Law (2011-2013), Government Relations Practice (2011-2013), Land Use & Zoning Litigation (2011-2013), and Municipal Litigation (2011-2013)
• Guy M. Harbert III – Insurance Law (2012-2013)
• Kevin W. Holt – Commercial Litigation (2012-2013)
• Paul G. Klockenbrink – Employment Law – Management (2009-2013) Labor & Employment Litigation (2011-2013)
• Todd A. Leeson – Employment Law – Management (2011-2013) Labor & Employment Litigation (2011-2013)
• K. Brett Marston – Construction Law (2006-2013) and Construction Litigation (2011-2013)
• Monica T. Monday – Appellate Practice (2009-2013)
• S. D. Roberts Moore – Personal Injury Litigation – Defendants (1987-2013) and Personal Injury Litigation – Plaintiffs (1987-2013)
• G. Michael Pace, Jr. – Banking and Finance Law (2003-2013), Corporate Law (2006-2013), Land Use & Zoning Law (2007-2013), Land Use & Zoning Litigation (2011-2013), Real Estate Litigation (2011-2013), and Real Estate Law (2003-2013)
• W. David Paxton – Employment Law – Individuals & Management (1999-2013), Labor Law – Management (2011-2013) and Labor & Employment Litigation (2011-2013)
• William R. Rakes – Antitrust Law (2003-2013), Appellate Practice (2011-2013), Banking and Finance Law (2011-2013), Bet-the-Company Litigation (2010-2013), Commercial Litigation (1993-2013), Corporate Law (2006-2013), Financial Services Regulation Law (2011-2013), Banking & Finance Litigation (2011-2013), and Mergers & Acquisitions Litigation (2011-2013)
• Anthony M. Russell – Mass Tort Litigation / Class Actions – Plaintiffs (2013), Medical Malpractice Law – Plaintiffs (2013), Personal Injury Litigation – Plaintiffs (2013)
• J. Scott Sexton – Commercial Litigation (2008-2013), Oil & Gas Law (2009-2013)
• Bruce C. Stockburger –  Leveraged Buyouts and Private Equity Law (2008-2013), Tax Law (1993-2013), and Trusts and Estates (1995-2013)
• Charles L. Williams, Jr. – Environmental Law (2006-2013) and Environmental Litigation (2011-2013)
• Clark H. Worthy – Real Estate Law (2012-2013)
• Kathleen L. Wright – Municipal Litigation (2011-2013)

Selection for Best Lawyers is based on a rigorous peer-review survey comprising nearly 4 million confidential evaluations by the top attorneys in the country. The annual Best Lawyers publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.”